Legal guides, white papers and thought leadership from law firms and companies working in the legal sector
There has been debate between legal academics and trust practitioners about whether a power holder is prohibited from exercising powers of addition or exclusion of beneficiaries, or other analogous powers, when the proposed change is so significant that it has the effect of changing the basic purpose, or ‘substratum’ of the trust. That is to say, the exercise of trust powers would result in an outcome closer to a fundamental change to the purpose of the trust itself than a simple variation, or addition or exclusion of beneficiaries.
Powers of Attorney (PoA) are commonly used in private equity transactions due to the operational efficiencies they can create. In the funds context, one such operational efficiency is often realised in the subscription agreement further to which a PoA is typically granted by each investor in favour of the general partner (or any other nominated party).
Our people and planet face serious challenges from the developing climate crisis, natural disasters and rising inequality. No corner of earth is immune from the consequences. But we are far from powerless in the face of these global threats – this is a race we can win.
BVI business companies are one of the most commonly used offshore vehicles and our expert team frequently advises on distributions by BVI companies. In this snapshot, counsel Marie-Claire Fudge addresses a number of the most common questions asked about distributions.
In Cathay Capital Holdings III, LP v Osiris International Cayman Limited, the Grand Court set out a helpful reminder of the circumstances in which it is appropriate to seek relief on an ex parte basis (ie without notice to the party against whom the relief is sought).
Global business is increasingly familiar with the prospect of short-notice public investigatory attention, whether from regulators, law enforcement, political forces or as a consequence of sanctions, and this can – in in some cases – devastate individual and corporate reputation.
Despite the fact that the threat of an investigation alone can be enough to paralyse a business, early warning signs are often missed and businesses can mistake an investigation risk for a reputation risk. Those who handle serious issues well are able to triage the issue at an early stage and identify its potential impact, […]
Analysis of recent fines suggests that environmental prosecutions are resulting in more substantial fines, especially for ‘very large organisations’.
On September 22, 2021, the Quebec government adopted Bill 64, An Act to modernize legislative provisions as regards the protection of personal information, enacting significant changes to the requirements governing the use and protection of personal information under various statutes, including notably the Act respecting the protection of personal information in the private sector and the Act respecting Access to documents held by public bodies and the Protection of personal information.
The Data Protection Authority in Hungary (Nemzeti Adatvédelmi és Információszabadság Hatóság), recently published its annual report which included details of a fine of €670,000 (HUF 250,000,000) being imposed on a bank. To date, this fine is the highest imposed by the Hungarian Authority.
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At partner level, men are three times as likely to move firms than women
Criminal barristers deserve the full support of the profession
With internal teams shrinking, legal budgets are rising at a faster rate than in a decade
The Simmons & Simmons happiness survey has shown that happiness isn’t all that
The zeitgeist is playing out in defamation disputes, and 5RB are at the heart of it
It’s not been easy for Western firms to break into the Saudi market
Linklaters’ client Camelot has failed to retain its licence to operate The National Lottery after the High Court ruled in favour of the Gambling Commission. Camelot’s licence, which it has held since 2009, is due to expire in 2024. Instead of an automatic renewal, the Gambling Commission ran a competition to find the next licensee, […]
Kirkland has added two associates as partners from Fried Frank Shriver & Jacobson and Simpson Thacher & Bartlett in its City funds practice. Charles Cooper-Isow is a private equity associate, having been at Fried Frank since 2016. Qualifying in the same year in England and Wales, Cooper-Isow has six years’ post-qualification experience (PQE). He joins […]
Shearman & Sterling is boosting its leveraged finance practice with a White & Case hire, its fourth new partner joiner of 2022. Shameer Shah makes the move, having spent almost nine years at White & Case. His main practice focuses on acquisition finance and special situations across private credit, investment banks and other financial institutions. […]
Slater & Gordon has finalised part of a strategic review of its UK business, with discussions ongoing as to whether certain practices fit into its revised model. As a result of the review, the firm will split its business into two main departments named Essential Legal Services (ELS) and Specialist Legal Services (SLS). ELS will […]
Magic circle firm Linklaters is to put financial sponsors at the heart of its Asia-Pacific operation after a strategy refresh led by regional managing partner William Liu. As part of the strategy, Linklaters is aiming to increase revenue by 10 per cent each year as well as making commitments to flesh out what the firm […]
Sky Group’s general counsel has left the business, leading to the appointment of a new legal head at the broadcasting company. Niamh Grogan has joined Sky as its new group general counsel after leaving multinational insurance adviser Willis Towers Watson. There, she was its global deputy general counsel and chief operating officer for more than […]
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